Terms & Conditions

Definitions:

The Client : The company or individual requesting the services of Colour Creation. Colour Creation Ltd is the primary designer, employees, associated companies or affiliates.

General

Colour Creation will carry out work only where an agreement is provided either by email, telephone, mail or fax.

An ‘order’ is deemed to be a written or verbal contract between Colour Creation and the client, this includes telephone and email agreements.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Colour Creation cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Colour Creation until all outstanding accounts are paid in full.

Any Design, scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Colour Creation remain the copyright of Colour Creation and may only be commercially reproduced or resold with the permission of Colour Creation.

NOTE : Please note the above clause does not mean we own your website, all content, design and the website as a whole will be in your control and ownership, the above clause simply means you are not allowed to reproduce our work, resell or claim it’s your design work, you can sell the website as a going concern which would not infringe our copyright.

Colour Creation accepts no liability for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website.

We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any coding additions to website briefs provided will be carried out at the discretion of Colour Creation and may carry an additional cost. Where no charge is made by Colour Creation for such additions, Colour Creation accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

Regardless of time taken, any additional works may carry a minimum charge of 1 hour at our current rates.

The client agrees to make available as soon as is reasonably possible to Colour Creation all materials required to complete the site to the agreed standard and within the set deadline.

Colour Creation will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Colour Creation will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

Colour Creation will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Colour Creation will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Colour Creation will not be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.

• In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.

• If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.

• We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

Colour Creation will place footer text linked to the Colour Creation website to all websites created by Colour Creation unless expressly agreed prior to contract. This linked text may not be removed and must remain in place at all times. Any removal of such link will place the client in breach of our terms.

Payment Terms

Colour Creation requires a non-refundable deposit of 50% upon forming of the contract on all of our projects and before any design work will be carried out.

The remaining 50% balance will be due within 30 days from the forming of the contract or 3 days prior to going live, which ever falls sooner. For larger projects that are estimated to go over the 30 days, payment extension terms will be granted.

The date of completion will be deemed as the date the design of the site has been completed to a sufficient state in order to hand over to the client in either a fully completed, or fully designed solution awaiting clients input of data. Colour Creation will not accept delay in payment due the client not fulfilling their content obligation.

The client remains fully liable for the full design and development costs in full whether they choose to complete the project or not.

Upon full payment, it is deemed that the project has been completed to the clients satisfaction and no refunds can be offered.

Database, Application and E-Commerce Development

Colour Creation cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that any third party software they introduce is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Colour Creation remain the copyright of Colour Creation and may only be commercially reproduced or resold with the prior permission of Colour Creation.

Website Hosting

Colour Creation provide a range of website and email hosting and are a UK authorised reseller of such, we recommend our own solutions due to reliability and history of compatibility of softwares used.

You may opt to have your site hosted elsewhere, where applications or sites are developed on servers not supplied by Colour Creation, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

Colour Creation accepts no liability and can not provide technical support for any issues or errors occurring from third party hosting solutions.

Payment for Colour Creation hosting is charged on an annual basis. Failure to pay hosting charges when due will result in immediate suspension of the website until such time that any arrears for hosting are brought up to date. Please note – If suspension is required this may cause adverse effects to your current search engine listings, Colour Creation will not accept any such liability due to any adverse effect suspension may cause.

We may on occasion offer a monthly hosting charge, although paying monthly the hosting remains on a 12 month contract minimum, cancellation prior to full 12 months will result in the balance for the year becoming due.

Where “bugs”, errors or other issues are found after the site is live, Colour Creation will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

Colour Creation will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Google Chrome and to an acceptable level with Mozilla (Firefox), Microsoft (Edge) and Apple (Safari) browsers. Colour Creation can offer no guarantees of correct function with all browser software as they constantly change.

Colour Creation reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.

Website Optimisation

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any form of guarantee regarding the position we will achieve for websites.

The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

Colour Creation reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Marketing

By entering into this contract you are giving Colour Creation express and unconditional use of your websites images and screen grabs to be used in any marketing material that Colour Creation choose to use.

A link to Colour Creation’s website/websites will be placed in the footer of each website we design. You agree to not amend or remove this footer link for the duration in which you use our design works.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters. See our Privacy Policy

Let's Talk About Your Project

Choose Colour Creation to receive the highest level of personal attention and dedication to detail. We are the ultimate creative boutique that stands for quality, authenticity and value. We are quick, flexible and good listeners, don’t hesitate to contact us today. Let’s take your business to the Moon or Mars.